Akhil P.S vs Marketing Head
2023 Latest Caselaw 8244 Ker

WP(C) NO. 24879 OF 2023            1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                          WP(C) NO. 24879 OF 2023


PETITIONER/S:



      1        AKHIL P.S
               AGED 25 YEARS
               S/O. SAJI KUMAR, PATHALIL HOUSE, MANTHURUTHY P.O,
               NEDUMKUNNAM, CHANGANACHERRY, KOTTAYAM DISTRICT., PIN
               - 686542

      2        ASHA
               AGED 45 YEARS
               W/O SAJI KUMAR, PATHALIL HOUSE, MANTHURUTHY P.O,
               NEDUMKUNNAM, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN -
               686542

      3        JAYESH
               AGED 44 YEARS
               S/O SIVAN, KOCHIPARAMBIL HOUSE, KUZHIMATTAM P.O,
               NELLIKKAL, KOTTAYAM DISTRICT, PIN - 686533

               BY ADVS.
               M.P.MADHAVANKUTTY
               MATHEW DEVASSI
               ANANTHAKRISHNAN A. KARTHA
               MILANA OSHINE LIKE


RESPONDENT/S:


      1        MARKETING HEAD
               KOTTAYAM DIARY, MILMA, ERNAKULAM REGIONAL CO-
               OPERATIVE MILK PRODUCERS UNION LIMITED, VADAVATHOOR
               P.O, KOTTAYAM, PIN - 686010

      2        DAIRY MANAGER
 WP(C) NO. 24879 OF 2023              2


               KOTTAYAM DIARY, MILMA, ERNAKULAM REGIONAL CO-
               OPERATIVE MILK PRODUCERS UNION LIMITED, VADAVATHOOR
               P.O, KOTTAYAM, PIN - 686010


OTHER PRESENT:

               SMT.LATHA ANAND, SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24879 OF 2023               3




                         P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                      W.P.(C.) No. 24879 of 2023
                      --------------------------------------
                 Dated this the 1st day of August, 2023


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) To issue a writ of mandamus directing the 1 st respondent to reimburse the fees amount remitted by the petitioners vide Ext.P4 to P6 with immediate effect.

(ii) To issue a writ of mandamus directing the 1 st respondent to consider Ext.P8 representation and reimburse the fees amount to the petitioners.

(iii) May dispense with filing of the translation of documents in vernacular language.

(iv) To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper as per the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration, the

learned counsel for the petitioners submitted that the

petitioners will be satisfied if a direction is issued to consider

Ext.P8 by the competent authority among respondents 1 and 2.

3. Heard the learned Standing Counsel appearing for

respondents.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the competent authority

among respondent Nos.1 and 2 to consider Ext.P8.

Therefore, this writ petition is disposed of with the

following directions :

1) The competent authority among respondents 1 and 2

are directed to consider and pass appropriate orders

in Ext.P8 as expeditiously as possible, at any rate,

within one month from the date of receipt of a

certified copy of this judgment.

2) The petitioners will produce a certified copy of this

judgment along with a copy of this writ petition before

the competent authority among respondents 1 and 2

for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 24879/2023

PETITIONER EXHIBITS

Exhibit 1 TRUE COPY OF THE LETTER DATED 12.04.2023 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.14363/2023 DATED 25/5/2023 OF THIS HON'BLE COURT

Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE 1STRESPONDENT DATED23/06/2023

Exhibit P4 THE TRUE COPY OF THE CASH RECEIPT ISSUED IN FAVOUR OF THE 1ST PETITIONER, DATED 08.04.2023 BY THE ERNAKULAM REGIONAL CO- OPERATIVE MILK PRODUCERS UNION LIMITED

Exhibit P5 THE TRUE COPY OF THE CASH RECEIPT ISSUED IN FAVOUR OF THE 2ND PETITIONER, DATED 08.04.2023 BY THE ERNAKULAM REGIONAL CO- OPERATIVE MILK PRODUCERS UNION LIMITED

Exhibit P6 THE TRUE COPY OF THE CASH RECEIPT ISSUED IN FAVOUR OF THE 3RD PETITIONER, DATED 08.04.2023 BY THE ERNAKULAM REGIONAL CO- OPERATIVE MILK PRODUCERS UNION LIMITED

Exhibit P7 TRUE COPY OF THE TENDER NOTIFICATION FOR THE PERIOD 2022 - 2023 DATED 27.03.2023 ISSUED BY THE ERNAKULAM REGIONAL CO- OPERATIVE MILK PRODUCERS UNION LIMITED, VADAVATHOOR DAIRY, KOTTAYAM

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 10/7/2023